The Elections Bill: examining the evidence

The Elections Bill is currently being scrutinised by the Commons Public Administration and Constitutional Affairs Committee, which has received a large amount of evidence from a wide range of academics and organisations. Ahead of today’s Unit webinar on the bill, Emilia Cieslak offers a summary of the key themes, including the parts of the bill that are welcomed, and the sections that have caused concern.

The Elections Bill currently before parliament aims to tackle a wide range of issues, including fighting electoral fraud, increasing parliamentary supervision of the Electoral Commission, and extending the franchise to more overseas electors and EU citizens. The bill recently received its second reading in the Commons. It is currently going through committee stage and is also being reviewed by the Commons Public Administration and Constitutional Affairs Committee (PACAC). While some provisions have proved popular, many have attracted criticism.

This post reviews the written evidence submissions to PACAC’s inquiry, focusing largely on the most controversial provisions: the introduction of photographic voter ID, changes to parliamentary scrutiny of the Electoral Commission, and reform of campaign spending rules. Before addressing those controversial aspects, however, I highlight sections of the bill that are generally welcomed.

Popular provisions

The bill proposes to abolish the current 15-year limit after which overseas electors become ineligible to vote. This has so far met very little opposition, and has strong support from groups representing British citizens living abroad. Several submissions (for example, from the Electoral Commission and Association of Electoral Administrators) do, however, draw attention to practical difficulties. And one submission, from Professor Justin Fisher, argues that the principled case for the change is not straightforward.

Meanwhile, no submissions oppose extending voting and candidacy rights to EU citizens through bilateral arrangements with individual member states. Most welcome changes to provision for voters with disabilities, though some identify what they see as flaws in certain elements of those measures.

The introduction of digital imprints is hailed as an overdue, necessary step to tackling the problem of misleading campaign material online. Most respondents writing on the topic argue that the provision is a good start, but that more is needed. Dr Sam Power comments that the provision should be accompanied by a renewed focus on citizen engagement and digital literacy campaigns. The Electoral Reform Society argues for a requirement that campaigners provide invoices on their digital spending, an open database for all political advertisements, and a code of practice on use of sensitive data. Multiple respondents warned about the rapid development of technology which means the legislation will require post-legislative scrutiny and frequent updates to avoid new loopholes developing.

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Post-truth – and post-conservative? How Boris Johnson’s Conservative Party poses a threat to the quality of our democracy

The Johnson government, and the Prime Minister himself, have been much criticised for their propensity for breaking rules, laws and conventions. Tim Bale argues that the government seems bent on freeing itself from the constraints that we used to take for granted, and has embraced populism in a reckless manner. He calls on ministers to reconsider their attitude to the rules of the constitutional system before it is too late.

I’m no expert on the constitution, the courts or the more arcane aspects of parliamentary procedure. But I can, I suppose, claim to know a bit about the Conservative Party. And I’m growing increasingly concerned.

The party has always been protean – shifting its shape, changing its colours like a chameleon to best suit the conditions in which it finds itself. But there have always been limits.

Margaret Thatcher may have been a disruptor, particularly when it came to undoing the post-war settlement to which her predecessors reluctantly agreed. Yet one always felt she had a basic respect for the conventions of representative democracy and the rule of law, even on those occasions where she and her governments pushed against them.

And the same went for her successors as Conservative premiers, John Major, David Cameron and Theresa May. But Boris Johnson? I’m not so sure.

Wherever you look now, you see a government seemingly bent on freeing itself from the constraints that we used to take for granted – and that, in some ways, our uncodified constitution and parliamentary conventions left us little choice but to take for granted.

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Constitutional reformers need to tackle six key questions about the regulation of digital campaigning

Today marks the second day of the Unit’s conference on the Johnson government’s constitutional reform agenda, for which free tickets remain available. One of today’s speakers, Kate Dommett, argues that the government’s proposals to tackle the challenges posed by digital campaigning are far from comprehensive, leaving many unanswered questions for future governments to address.

Five years on from the Brexit referendum and the Cambridge Analytica scandal that emerged in its wake, the government is poised to publish its Electoral Integrity Bill. Proposing ‘significant changes to the electoral and democratic system’, it could be presumed that Boris Johnson’s government is about to enact an ambitious programme of constitutional change that will update electoral systems to the digital age. Yet, from the details available so far – including a new announcement this week – it seems Johnson’s government is failing to address six critical questions about digital campaigning, leaving considerable room for further reform.

The rise of digital technology in campaigning

The rise of digital campaigning has been a slow and steady phenomenon in UK elections, but in recent years there has been significant attention paid to the need for electoral reform. The current regulation governing electoral campaigning can be found in the Political Parties, Elections and Referendum Act (PPERA) that was passed in 2000. Since then the adoption of websites, social media profiles and, more recently, online advertising by electoral campaigners has raised questions about the suitability of existing legislation. Indeed, a range of parliamentary committees, civil society bodies, academics and even digital companies such as Facebook, have asserted a need for urgent digital campaigning regulation.

Publishing a report devoted to digital campaigning in 2018, the Electoral Commission has been at the forefront of these debates. Its analysis revealed the rapid rise of digital tools in elections, showing increasing amounts are being spent on digital advertising. Updating its statistics to include the last election, Figure 1 (below) shows that spending on digital advertising has increased to around £7.5 million, and now represents a significant proportion of election campaign spend.

Figure 1: Electoral Commission spending return declarations related to advertising and digital advertising 2014-2019
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The anatomy of democratic backsliding: could it happen here?

The term ‘backsliding’ has been coined to describe the phenomenon by which leaders who come to office within a democratic framework, only to attack some of democracy’s core features when in office. Stephan Haggard and Robert R Kaufman outline some of the key features of ‘backsliding’, discuss how and why it can take hold, and whether there are warning signs that such a process could happen in the UK. 

During the presidency of Donald Trump, American democracy suffered the most serious challenge it has faced since the country’s Civil War. Trump and his administration inflamed divisions that jeopardise the rights of women and minorities; attacked the press; defied oversight; sought to stack the judiciary and law enforcement agencies with partisan loyalists; challenged the integrity of the electoral system, and ultimately stoked a violent challenge to the democratic transfer of power. These threats were different from conventional forms of democratic reversion, such as the coup d’etat. Instead, they reflected a more insidious process that has come to be known as ‘backsliding,’ in which illiberal leaders rise to power within a democratic framework and attack core features of democracy from within.

Because the United States occupies a unique position at the heart of the international system, backsliding there commanded worldwide attention. But the United States was hardly alone. In a new study, we identified at least 15 other countries in which duly-elected democratic governments recently moved along similar paths. Not all of these paths lead all the way to autocracy; in the United States, democracy survived the Trump era badly damaged but intact. But depending on the metric used, more than half of these cases slid into ‘competitive authoritarian rule’: systems in which elections persisted but were manifestly rigged. Notably, although many of the failed democracies we examined were weakly institutionalised at the outset (for example, Bolivia, Ukraine, and Zambia), others such as Hungary, Poland, and Venezuela were once considered relatively robust democratic regimes.

These cases raise the question of whether similar adverse developments could occur in other seemingly stable democracies. Could they perhaps even happen in the UK? 

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